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Ex-college football player killed by cop

Discussion in 'Sports and News' started by Captain Obvious, Sep 15, 2013.

  1. Batman

    Batman Well-Known Member

    I'm not a legal expert, so I ask in seriousness, would some type of double jeopardy protection apply to the cop? DA can't get an indictment from one grand jury, so he keeps going to the well until he finds one who goes along? Can he submit the same evidence to a hundred juries until he gets his way?
    Whether or not there's merit to the charges, that seems to straddle an ethical line.
     
  2. franticscribe

    franticscribe Well-Known Member

    Jeopardy doesn't attach until much later in the process, so it's OK for a prosecutor to send a case before a grand jury multiple times. Jeopardy typically attaches in a felony case once the trial jurors (not the grand jurors) have been seated.

    It's highly unusual for a N.C. grand jury to refuse to indict, though. That's likely a sign of weakness in the case.

    I would not be surprised if the defense files a pre-trial motion to dismiss based on the first grand jury's refusal to indict, but I would also be surprised if it was granted.
     
  3. inkstainedwretch2

    inkstainedwretch2 New Member

    One of the greatest sayings in jurisprudence is "Any prosecutor worth his salt can get a ham sandwich indicted." Curious as to why it was necessary to go to a new grand jury. I suspect it will come out before the next election.
     
  4. franticscribe

    franticscribe Well-Known Member

    That saying is particularly true in N.C., where neither the prosecutor nor the defendant are entitled to put on evidence. In fact, neither are allowed in the jury room. Only the witnesses the prosecutor selects goes into the grand jury room - meaning the only evidence the jury hears is typically what the lead investigating officer tells them. The structure makes it ridiculously easy, in most cases.
     
  5. britwrit

    britwrit Well-Known Member

    12 shots? WTF? Did this cop think he was facing off with Jason Voorhees?
     
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